Susan,
This response to your problem was submitted to me by a friend. She is not a Forum member but asked me to respond for her.
Clint Liles
— (The following is per my understanding as a layman without a background in the legal profession so always seek appropriate professional advice!)
Fortunately in Texas citizens are blessed with multiple advantages:
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One of the best probate systems in the nation (recall Howard Hughes being flown to Texas to die). This is something a layman could probably present themselves and minimize cost. Contact appropriate probate court directly for guidance.
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Escheated Funds: there is a point in time at which a company has to surrender “abandoned” assets so withheld money would be turned over to the State of Texas Escheated Funds. The appointed fiduciary must file a claim and submit credentials, proof of right to claim, etc. to receive assets. They collect a small fee (still 1.5%?) for services. Assets are probably retained until claimed. Can go direct.
Re: Why are they doing this? The old adage “because they can” applies. If they run you off, they eliminate cost of maintaining this account, etc. If you surrender or sell your mineral rights, they are forever gone and no one knows what the future might bring. (Might be nothing but who knows?) Another important answer and more likely one is because they have to. If this is truly to correct a division order, it appears it is to properly protect both parties and get things right. Legal advisors should be able to determine if that is the case.
Other options you may want to consider: sell to other owners of this same mineral estate interest; or other private individuals, companies or brokers. Last two might offer less but you don’t know until you ask. An ad in area paper might spark interest. Before you take action, you might inquire where deeds are filed if anyone has been doing searches in the area for mineral owners as a gauge of area activity as well as the mineral forum. Also consider just how much trouble it is to have hundreds of dollars of free money to spend each year. Others would gladly bear that burden. Or you could donate it to a favorite charity, etc.
Hope this helps – good luck!
Clint Liles friend…